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(영문) 대구지방법원 2016.05.27 2015노2512
업무상과실치사
Text

All of the appeals filed by the prosecutor and the defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the Defendants (two years of imprisonment without prison labor, eight months of suspension of execution, two years of suspension of execution) is deemed to be too unhued and unfair.

B. The above sentence sentenced by Defendant A is too unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the following are examined: (a) the Defendants recognized the facts charged in the instant case as well as the Defendants; (b) the instant accident appears to arise from some concurrences with the victims; (c) the Defendant deposited KRW 10 million for the sake of the victims; (d) the bereaved family members and the bereaved family members, who did not receive the same or a criminal sentence for the same or a criminal punishment for the Defendant B; (e) the bereaved family members and the bereaved family members did not suffer from serious harm to the life and body of the victims; and (e) the Defendants did not suffer from considerable mental harm to the extent that they did not suffer from a violation of the duty of due care of the victims; (b) the Defendants’ death and the victim’s.

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